CAIRO: The Secular Coptic Front denounced the newly issued list of conditions set by the Coptic Orthodox Church for divorce, which cut the permissible reasons for divorce down to two.
The 1938 bylaw stipulated nine reasons for divorce.
While Egyptian courts depend on this bylaw in their rulings, the Church said in 1971 it will only recognize two reasons: adultery and change of sect or religion. This contradiction has led to many problems, mainly of people divorced by court but denied second-marriage licenses by the Church. While the new law, which was published in the official gazette Al-Waqae’ Al- Misrya on June 2, 2008, comes to resolve this contradiction, it created another controversy between its supporters and opponents. “The new bylaw is not a legally binding document because neither the Holy Synod nor the Ecclesiastical Council has the authority to enact new bylaws or modify old ones. They both breached and disregarded the legislative role of the state, Kamal Zakher, spokesperson for the Secular Coptic Front, said.
“The function of those two institutions inside the Church is just to advise and suggest modifications rather than enact bylaws. Tharwat Basily, deputy of Ecclesiastical Council, refuted Zakher’s view regarding the legislative role of the Ecclesiastical Council, saying that all members of the council are fairly elected and the council is usually approved by President Hosni Mubarak as a “legislative council inside the Church.
Pope Shenouda III, head of the Coptic Orthodox Church, approved the 2008 bylaw, Basily added.The laws or bylaws published in the official gazette are supposed to be applied by courts nationwide one month after the date of their publication. Zakher told Daily News Egypt that publishing the list in the government’s official paper doesn’t mean that it is legal. The Minister of Justice and the parliament should ratify it before it comes to force, he added. Zakher also criticized the new bylaw for reducing the number of permissible reasons for divorce. He said eliminating mental illness and contagious disease from the list of reasons would be “a breach of the teachings of the Bible. “The writers of the 2008 bylaw are fundamental Christians who are strongly adhering to the literal meaning rather than spiritual explanations of Bible verses, Zakher said.
In contrast, Basily said that those who oppose the 2008 bylaw are “mistaken.
Basily, who co-wrote the new list, said that the 2008 bylaw is completely drawn from the Bible which says the only condition for divorce is adultery. That is why we dropped other reasons that allow divorce from the 1938 bylaw, like mental illness and suspicion of being dangerous, he explained.
Basily stressed that the 2008 bylaw doesn’t violate the Bible’s teachings, and it takes into account the country’s constitution and the civil law. He asserted that the new list is just a “bylaw and not a law; and the courts have the right to either apply it or ignore it, he added. However, Basily refused to reveal how many of the Ecclesiastical Council’s 24 members voted for the new bylaw and how many were against it. “It is an internal matter, he said.
He only explained that some members refused to attend the voting session and others were absent for unrelated reasons. Basily downplayed the importance of the appeal for the 2008 bylaw. “Our main concern is complying with the Holy Book.
